Congrats to us! Beer Law Center named one of Top 30 Food Law Blogs

We’re pretty excited! We were recently named as one of the Top 30 Food Law Blogs on the web. Assuming numbers count for something, we were actually in the top 10! Check it out!   Check out the full list at: https://blog.feedspot.com/food_law_blogs/

Trademark Registration: Standard Application vs. Intent to Use Application

USPTO Trademark Registration The difference between a standard trademark application versus an Intent to Use application. We always get a lot of questions regarding trademarks, about the registration process, and the different types of trademark applications. Watch the video to learn more about the USPTO and how to register trademarks.         Contact […]

Trademarking “Sunshine State Brewing Company”

There are a couple of issues with trademarking “Sunshine State Brewing Company.”  (1) You cannot register a geographic location on the federal registry (USPTO). (2) You cannot register a generic word or phrase. Let’s delve into the reasoning. For “Sunshine State Brewing Company” you cannot own the words “brewing company” because they’re generic. The word […]

Interested in Registering your Trademark at the State Level?

  Trademark Series Part 3 Check out Part 1 and Part 2 of our Trademark Series!   In addition to the federal registry (The United States Patent and Trademark Office), you can also register your mark at the state level. The USPTO oversees federal registration for trademarks. The USPTO offers national protection for your mark. […]

Is incontestability contestable?

  Trademark Series: Part 2 In Part 1 of our trademark blog series (click here), we discussed the status of incontestability in trademark law. Incontestability seems like a sure thing- the registrant has exclusive right to use the registered mark in commerce. But, with all things legal, there are exceptions. Many people hear the word […]

What’s on your label?

Label requirements can be tricky-different rules apply to different states. Domestic beverages and imported beverages have different guidelines. The purpose of this blog is to clear up some of the confusion surrounding beer labels. For all intent and purposes I will focus on North Carolina rules since that is what I am most familiar with. […]

Your Trademark is Finally Registered. Now what?

Part I: Trademark Incontestability After federally registering your trademark you might think that you’re done dealing with the United States Patent and Trademark Office (USPTO), but, unfortunately, think again. You still have one more deadline to abide by if you want to permanently strengthen your registered rights. As the proud owner of a federally trademarked […]

Trademark Snarkiness. Really?

Trademark Snarkiness   Recently, I’m sure you probably saw it – it got a lot of coverage, even from NPR) – Exit 6 Brewery got pretty snarky with Starbucks. And Starbucks defended itself (somewhat) here. I had several people ask me about this; what my thoughts were, what I would have done, etc. I promised […]

Why are (some) Trademark Attorneys Jerks?

I do a fair bit of work in intellectual property and, especially, trademark issues. It always surprises me what bullies, blusterers, and even a$$holes trademark attorneys can be. The general jerky-ness of attorneys is well publicized in social media and the vast number of lawyer jokes out there (for example: http://www.jokes.com/funny-lawyer-jokes). But, even among lawyers, […]

Trademarks? We Don’t Need No Stinkin’ Trademarks!

  This is the obligatory trademark blog post. I say that because it seems to be one of the most common and most commented on topics in craft beer (at least in legal circles) other than the effect of the Gov Shutdown on the TTB. In fact, the cover story in Sept/Oct 2013 issue of […]

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